Bail: An interesting case!
E. KRISHNAMACHARY was arrested on 6-12-1985 and produced before the Addl. Judge, Ist Class Magistrate, Nellore on 7-12-1985, with a remand report that he is guilty of offence under Section 135 of the Customs Act and was liable to be punished for the offence. The Addl. Judge, 1st Class Magistrate, Nellore, remanded Krishnamachary to judicial custody on 7-12-1985. Krishnamachary filed a bail application before the Magistrate on 9-12-1985. That petition was dismissed on the ground that the Magistrate has no jurisdiction to grant bail, while holding that the Special Judge dealing with Economic Offences Cases, Hyderabad, alone has jurisdiction to entertain the application. On 11-12-1985, the Magistrate passed the orders, directing the transfer of the case to the court of the Special Judge for Economic Offences at Hyderabad as he has exclusive jurisdiction to try the offence and directed the Jail Superintendent to cause the production of the accused on 23-12-1985 before the Special Judge for Economic Offences at Hyderabad. The records were received by the Special Judge for Economic Offences on 16-12-1985. Meanwhile, Krishnamachary filed Crl. M.P . No. 670/85 before the Sessions Judge Nellore, for grant of bail. In spite of the objection raised by the Public Prosecutor about the jurisdiction of the court to grant bail, the Sessions Judge granted the bail.
Against this bail, the Superintendent moved the High Court.
And the High Court emphatically held, "The District and Sessions Judge, Nellore, should not have entertained the application for bail, when it was brought to his notice that the Addl. Judicial 1st Class Magistrate, Nellore dismissed the applications with an observation that the Special Judge for Economic Offences alone has got jurisdiction to the cases. It is clear that the jurisdiction of the Sessions Divisions in the State of Andhra Pradesh has been excluded and that the Special Judge for Economic Offences alone is competent to consider the application for grant of bail."